State v. Jenkins
Wisconsin Supreme Court
REPORTED from the Circuit Court for Grant County. The defendant was tried on an information charging him with the crime of receiving stolen property, knowing it to have been stolen, and was convicted. Pending motions in arrest of judgment and for a new trial, the circuit judge reported the case to this court for its opinion on certain ■questions of law hereinafter stated.
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REPORTED from the Circuit Court for Grant County. The defendant was tried on an information charging him with the crime of receiving stolen property, knowing it to have been stolen, and was convicted. Pending motions in arrest of judgment and for a new trial, the circuit judge reported the case to this court for its opinion on certain ■questions of law hereinafter stated. The information was in due form, except that in the preliminary statement of the larceny there is a failure to aver who stole the property, or to negative knowledge thereof. At the opening of the trial the defendant moved…
1Opinion of the CourtLyon, J.
1. The .verdict is general, and is not limited by the insertion therein of the words “ of receiving stolen money, goods, and chattels.” They were used to express, in general terms, the offense charged in the information, and it would be absurd to give them the effect of eliminating from the verdict an essential ingredient of that offense. The words were unnecessary in the verdict. They neither add to nor detract therefrom. By any reasonable or sensible construction the jury have found the defendant “guilty in manner and form as charged in the information.” That is sufficient. The first…
2Cases cited3 opinions
- State v. HillWisconsin Supreme Court · 1872
- State v. RowanWisconsin Supreme Court · 1874
- State v. AnsonWisconsin Supreme Court · 1866
3Cited by13 opinions
- State v. KuselWyoming Supreme Court · 1923
- Jackson v. StateWisconsin Supreme Court · 1895
- Jenkins v. StateWisconsin Supreme Court · 1885
- Licata v. StateSupreme Court of Florida · 1921
- State v. CornhauserWisconsin Supreme Court · 1889
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